Criminal records are official documents about your history with the criminal justice system in Michigan. These records include arrests, charges, case outcomes, and convictions. This information comes from police departments, courts, and correctional facilities.
Most of these records are public in the United States and in Michigan. You can access them in several ways. Michigan’s Freedom of Information Act makes a lot of records available to the public, but there are exceptions. For example, nonpublic expungement records kept by the Michigan State Police are exempt from FOIA.
Potential employers and landlords can look up your history. They use large background sites or the Internet Criminal History Access Tool, called ICHAT, which is maintained by the Michigan State Police.If you have a criminal record and have finished your sentence, you may be eligible to have your record expunged. A Michigan expungement attorney can look at your situation, explain your options, and help you remove certain convictions from your record so they no longer appear in public searches. At Michigan Defense Law, our skilled expungement attorneys can assist you in determining whether you are eligible for expungement and in filing an application. Contact (248) 451-2200 today to learn more about how we can help.
What is Expungement in Michigan?
Michigan lets some people clear or “set aside” old criminal records if they qualify. When your record is expunged, it drops out of public records. Employers, landlords, and others doing routine checks will not see it.
Michigan’s Clean Slate laws took effect on April 11, 2021. The automatic set-aside process began on April 11, 2023. Under MCL 780.621g, eligible convictions can be cleared automatically with no court filing from you.
The statute applies to a maximum of two felonies after 10 years and up to four misdemeanors (93 days or more) after 7 years. Certain 92-day misdemeanors can also qualify after a 7-year period.
Some records are not eligible. That includes assaultive crimes, serious misdemeanors, crimes of dishonesty, offenses punishable by 10 or more years, and any offense involving a minor, a vulnerable adult, injury or serious impairment, or death. If you have more than one assaultive conviction, you do not qualify for automatic set aside. You can check your status through the Michigan State Police ICHAT system.
Michigan Expungement Attorneys
Paul J. Tafelski
Paul is a seasoned Michigan attorney recognized for guiding clients through Michigan expungements with strategic, steady counsel. His practice is built on aiming for the most favorable outcome for clients so they can move on with confidence and seize new opportunities.
- Education: Michigan State University; J.D., Detroit College of Law at MSU
- Admissions: All Michigan state courts; U.S. federal courts in Michigan
- Professional memberships: State Bar of Michigan, ABA, Criminal Defense Lawyers of Michigan, Oakland County Bar, Advocates (Polish Bar Association)
- Recognitions: Super Lawyers (2011–2013, 2017–2021); Leading Lawyer (2017)
- Litigation background: Hundreds of matters handled through jury verdict
David Goukassian
David approaches expungement and criminal defense matters with thorough preparation and a practical understanding of how cases move from intake to resolution.
- Degrees: B.S., Criminal Justice, Wayne State (2011); J.D., WMU Cooley, Magna Cum Laude (2017)
- Government & court experience: Genesee County Prosecutor’s Office (intern); clerk to Hon. Leo Bowman, Oakland County Circuit Court
- Courts: All Michigan state courts; U.S. District Court, Eastern District of Michigan
- Languages: Armenian (fluent); Russian (conversational)
Do These Records Disappear?
Expungement does not mean that a criminal record has disappeared entirely.
Criminal arrests and actions are kept as records on a computerized database called the Michigan Law Enforcement Information Network (LEIN). It is a statewide, nonpublic information system managed by the Michigan State Police for criminal justice use only. LEIN connects authorized agencies to Michigan records and to national systems (including the FBI’s NCIC) and can return Michigan criminal history, certain out-of-state records, and Secretary of State driving records, but only for criminal justice purposes. LEIN itself is not a public records website.
Upon expungement or dismissal, a record will be suppressed, but this does not erase it entirely. Suppression means that the record will not appear on public records or the ICHAT system, but a permanent record is still retained on LEIN for judicial or law enforcement purposes. A criminal record can still be seen by law enforcement, prosecutors, and judges, and used for criminal justice purposes. All parties with access to LEIN are forbidden to use it for purposes outside the criminal justice system, however.
Why Authorities Still Have Access
Michigan seals your case from public view after an expungement, but a nonpublic record is kept so courts and certain agencies can carry out specific legal duties. State law requires the Michigan State Police to retain a confidential record that can be released only to a court, the judicial branch, the Department of Corrections, law enforcement, prosecutors, the Attorney General, or the governor, and only for listed purposes.
Those purposes line up with real worries you may have about jobs, licensing, and parole. If your license or permit application is handled by a judicial-branch agency, that reviewer may look at the nonpublic record to make a licensing decision. If you file an expungement petition, the record can be checked to confirm whether you have prior set-asides. If you are charged again, a judge and prosecutor may review the record for charging choices, plea offers, and decide a lawful sentence for a new felony-level offense. That same access helps courts and DOC make supervision calls that affect probation and parole.
Other narrow uses include the governor reviewing a pardon request, screening when you apply to work in law enforcement or corrections, and verifying Sex Offender Registration Act duties or alleged violations. These are safety and integrity checks tied to criminal justice, not open background searches by private employers.
Importantly, this nonpublic record is exempt from FOIA, and sharing it outside the statute is a crime. Access is limited to criminal justice purposes.
If you are worried about how this might affect a job application, licensing review, probation terms, or a parole hearing, a Michigan expungement attorney can explain what a reviewer may see, prepare supporting documents, and speak for you in court or with agencies so your progress and rehabilitation are front and center.
Will Immigration See My Expunged Record?
Yes. Even if a Michigan court set aside your conviction, U.S. immigration can still see and use the underlying offense in your case. Immigration is federal. USCIS applies a federal definition of conviction and treats expungements as not erasing the conviction for immigration purposes. Officers may also require you to produce records even if a court sealed or expunged them.
When you apply for a green card, naturalization, a visa, or certain waivers, you go through screenings. USCIS takes your fingerprints at a biometrics appointment and runs background and security checks through the FBI criminal history databases.
During naturalization, USCIS instructs you to report every offense, including those expunged, sealed, or pardoned, and to bring certified paperwork. Failing to disclose can lead to denial. Some crimes can also make a person removable.
What does your Michigan expungement still do? It clears your public record and helps with jobs and housing. But it does not bind federal immigration agencies, which can evaluate the case under federal law.
A Michigan expungement attorney can work with immigration counsel to collect certified court records, explain what was set aside, and help you disclose everything clearly and accurately so you do not risk a denial or worse.
| Type of Conviction | Waiting Period | Maximum Eligible Convictions |
|---|---|---|
| Felonies | 10 years | Up to 2 |
| Misdemeanors (93 days or more) | 7 years | Up to 4 |
| Certain misdemeanors (92 days or less) | 7 years | Case-specific |
| Ineligible offenses | N/A | Assaultive crimes, serious misdemeanors, crimes of dishonesty, offenses punishable by 10+ years, or involving minors, vulnerable adults, injury, or death |
Would You Like More Information on Expungement or Michigan’s New Clean Slate Act?
If you have a criminal record, you may already know how difficult it can be for employers and landlords to have easy access to this information. Once people know you have a criminal record, they often make up their mind about you before you even get a chance to prove yourself.
Depending on the nature of your crime, you may qualify for an expungement so you can be free from that burden. Paul J. Tafelski and the Michigan criminal defense team at Michigan Defense Law can help you understand record expungement and review your record to see if you qualify. Call us at (248) 451-2200 or contact us through our website to schedule a free consultation to learn more about record expungement in Michigan and the new Clean Slate Act.
